(1)RCW
70.94.6528 provides the following maximum
fees for agricultural burning:
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Field burning
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$3.75 per acre
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Pile burning
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$1.00 per ton
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(2)RCW
70.94.6528(5) authorizes the
agricultural burning practices and research task force (task force) to
determine the level of the fee.
(3)
Process for adjusting the fee schedule for agricultural burning.
The process for adjusting the fee schedule requires the following two steps:
The task force must determine the fee schedule using the
process established in subsection (4) of this section;
If the task force decides to adjust the fee schedule, ecology
will finalize the new fee schedule through the process established in
subsection (6) of this section.
(4)
Task force process to determine
agricultural burning fees. The task force may examine the agricultural
burning fee schedule once a year using the process outlined in this section.
However, the task force must examine the agricultural burning fee schedule at
least every two years. The task force process for examining the agricultural
burning fee schedule must include the following:
(a) Ecology will submit, to the task force, a
summary of the costs of the permit and smoke management programs before the
first task force meeting of the year.
(b) The agenda for the first task force
meeting of the year must include examining the current fee schedule.
(c) Ecology will notify stakeholders and
permit holders of time, date, location, and agenda for the task force
meeting.
(d) Based on the
information provided by ecology, under (a) of this subsection, the task force
will decide if they need to adjust the agricultural burning fee
schedule.
(e) If the task force
decides to adjust the agricultural burning fee schedule, they must determine
the new fee schedule at a regularly scheduled meeting.
(5)
Examining the fee schedule more
frequently. The task force may examine the agricultural burning fee
schedule more frequently than every two years, if all of the following occurs:
(a) The task force determines the fee
schedule during one of their regularly scheduled meetings.
(b) Ecology finalizes the fee schedule using
the process in subsection (6) of this section.
(6)
Ecology process to finalize fees
set by the task force. After the task force determines a new fee
schedule, ecology will:
(a) Post the proposed
fee schedule on the agency web site for public review and comment.
(b) Publish a notice of a public hearing.
(i) The notice will include all of the
following:
Time;
Date;
Location;
Last day ecology will accept written comments.
(ii) At a minimum, ecology will publish the
notice in the following locations:
(A)
Washington State Register.
(B) Ecology web site.
(c) Hold a
public hearing at least twenty days after completing the actions in (a) and (b)
of this subsection.
(d) Accept
written comments on the proposed fee schedule. Ecology must receive comments by
the time and date specified in the hearing notice, or a later time and date
established at the hearing.
(e)
Consider comments received and provide a written response to comments to the
task force and anyone who commented.
(f) Ecology will finalize the fee schedule by
December 1st of the calendar year before it becomes effective.
(g) Ecology will publish the fee schedule by:
(i) Notifying stakeholders and permit holders
of the new fees.
(ii) Posting a
response to comments on the ecology web site.
(7)
Effective date of the new fee
schedule. The new fee schedule becomes effective January 1st of the
calendar year after it is finalized.
